Taunton, MA asked in Workers' Compensation for Massachusetts

Q: is there a logically explanation why my worker comp attorney failed to request obtain or utilize my medical records

My attorney never obtained my medical records and failed to present them to the DIA.

I had one provider fax mental health records, faxed and confirmed. He failed to submit these as well.

All of my providers have written sworn affidavits and letters confirming my allegation.

Why would an attorney fail to do such an obvious necessary?

Could there be a logical explanation why providers are still unpaid due to suppression of my related medical records.

Having trouble comprehending

Thank you

Related Topics:
1 Lawyer Answer
Michael Levin
Michael Levin
  • Workers' Compensation Lawyer
  • Sturbridge, MA
  • Licensed in Massachusetts

A: I'm sorry, but I can't answer your question. Generally speaking, all medical records should come forward. I have no idea why your existing attorney didn't get your records for you. Two possibilities come to mind, but they are just off the cuff guesses. One is that the insurance company subpoenaed your records themselves and getting them again would have been duplicative. Another is that they simply weren't useful, or else included information that may have been damaging your case. As for the affidavits, without knowing more about your situation, I really can't say. Assuming your attorney knew about them and what they said, my guess is that they just weren't helpful.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.